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On December 3 4, Privy Council will hear challenge Belizean environmentalists business owners their government's approval plans build Chalillo dam on Upper Macal River. first environmental case long history Privy Council, which still serves final court appeal Belize commonwealth countries.

The upper Macal River Valley one most intact wilderness areas left Central America. home an extraordinary array rare endangered species, including jaguars, tapirs, last 200 scarlet macaws left country. Leading biologists London's Natural History Museum who have studied area said proposed dam would irreversibly damage biological gem urged other options considered ahead building planned.

BECOL, Belizean subsidiary Fortis, Canadian multinational corporation, plans build dam sell power Belize Electricity Limited (BEL), sole Belizean utility owned Fortis. January 2002, BACONGO, coalition environmental groups Belize, initiated legal action before Supreme Court Belize overturn environmental impact assessment project. BACONGO asserts EIA, carried out AMEC, giant worldwide consulting firm headquartered London, seriously flawed Belizean Department Environment illegally rammed through approval EIA. Leading technical scientific experts have repeatedly raised serious - still unanswered questions -about viability, safety, impacts proposed dam.

AMEC has claimed its involvement an arms-length environmental consultant, its involvement project ended after approval project given. However, recent submissions court show its engineers are still leading project Belize.

The Supreme Court Belize three-judge panel Caribbean Court Appeals upheld government's approval project, though reasoning these decisions widely varied. May, Court Appeals granted BACONGO leave bring case Privy Council. anticipation hearing, Belizean Parliament rushed through law ordering BECOL construct Chalillo dam without further review irrespective any court order. Preliminary work site began May 2003.

At an initial hearing late July, judicial committee Privy Council denied an application temporary injunction on construction project, but warned government Belize about new law, which BACONGO challenged unconstitutional. government Belize has now begun process repeal law before hearing December 3.

A panel five judges who normally s House Lords, will hear BACONGO's case Privy Council's building on Downing Street. hearings will begin 10:00am on Wednesday, December 3rd Thursday, December 4th will open media public.

BACONGO will asking Privy Council find EIA review approval Chalillo dam illegal order BECOL Government halt further construction dam reconsider project with full proper EIA. following brief review BACONGO's concerns about EIA process project:

Lack Economic Justification

Fortis claims Chalillo dam will most economic option generating power within Belize would help decrease energy reliance on energy Mexico. 150 foot high dam projected cost $30 million expected provide only some 5 megawatts new capacity. By comparison, Pergau dam Malaysia found uneconomic UK court would have produced 600 MW capacity five times less cost per megawatt. case, court decided UK foreign aid could not spent finance dam, because did not aid Malaysia's development.

As result BACONGO's litigation, Fortis forced reveal secret contract on dam between Government two Fortis subsidiaries. contract provides companies with very favourable terms project. For example, utility will compelled purchase power Chalillo dam instead any other source, even if cheaper. More than 90% power project would produced when Belize could purchase less expensive power Mexico, causing an immediate loss least $1.5 million US.

Belize now has total electrical capacity 50 megawatts demand projected grow 5-10 megawatts per year. Thus, Chalillo will satisfy just one year's increase will not any way relieve nation's dependence on Mexican power.

Fortis continues refuse reveal number fundamental facts studies regarding economics dam. For example, Fortis has not revealed how much pays energy other sources, though claims new dam would "least cost." claim based on 1999 energy study General Electric, which Fortis has refused make public. At present, Belizeans pay twice much electricity their neighbours Guatemala Mexico. Stan Marshall, President Fortis Canada, indicated electricity rates Belize could go up with construction Chalillo dam.

Poor Understanding Basic Geology Hydrology

The Belizean Department Environment gave its approval EIA project even though were serious problems with geological hydrological studies project. These are issues go safety economic viability project.

In papers submitted Privy Council, BECOL has finally admitted AMEC's EIA mischaracterized rock site "granite". Instead rock dam site consists softer sandstone shale. lack granite site raises questions about solidity foundation dam availability hard rock site crushing mixing into concrete construction dam. Dr. Richard Goodman, former Professor Geological Engineering University California Berkeley, has stated: "I view major, potentially disastrous mistake if foundation dam incorrectly classified granite."

The government's own geologist stated AMEC had mischaracterized rock dam site suggested different design might needed dam. However, further geological studies area ordered Department Environment Environmental Compliance Plan (ECP) dam have not been made public nor are any indications reconsideration dam's design.

After months clearing blasting site, BECOL still has not reached granite recently applied license open new granite quarry half kilometre away dam site. lack granite site appears have already delayed construction will add costs construction.

During vis dam site early November, geologist Brian Holland not only confirmed lack granite site, but saw evidence fracture which runs right through hillside where dam attached. Holland then found well-known fault line vicinity dam had been removed seismic map area EIA.

The safety dam great concern more than 12,000 people living downstream. According Luis Godoy, Deputy Mayor San Ignacio/Santa Elena, failure dam "would send tsunami-like wave water rushing toward San Ignacio Santa Elena would inundate towns, putting lives residents risk, well causing great property damage."

The hydrological studies regarding dam are inadequate. According Dr. Chris Bowles, hydraulic hydrologic engineer, " my professional opinion hydrological data provided [in EIA] highly deficient means sufficient make sound decision concerning construction project."

There appears very little water river. November, height rainy season, entire Macal River flowing through 4 small pipes causeway BECOL has constructed across river dam site.

EIA claims will flash floods will fill 22 mile long reservoir behind dam 13.5 times each year. Yet data EIA itself makes clear has not been sufficient rainfall several years support assertion. appears BECOL has seriously overestimated amount water river, which calls into question its assertions about economics project.

Inadequate Wildlife Studies

In 2001, eighteen top environmental scientists wrote:

"Given rarity Upper Macal River valley floodplain vegetation, high-quality intact wilderness found there, nearly century experience with dams tropical environments, opinion Chalillo dam would impact ecosystems region many species which inhab it. preponderance existing evidence indicates these impacts would significant long lasting."

"In absence thorough multi-year surveys vegetation fauna, reliable models potential impacts dam, would reckless undertake Chalillo project."

There evidence Upper Macal has highest density large cats neotropics, including jaguars, ocelots puma. only known nesting grounds Belize rare subspecies scarlet macaw, numbering fewer than 200 Belize 1000 world. one last intact habitat areas rare Central American tapir, Belize's national animal. area has very high diversity amphibian species, least one frog (Rana juliani) not known exist anywhere else world. Finally, Upper Macal critical component proposed "Meso-American Biological Corridor", multimillion dollar international project, agreed countries Central America including Belize, ensure wilderness corridor southern Mexico Panama.

The wildlife studies within EIA were undertaken under contract AMEC scientists London's Natural History Museum (NHM) who had been involved years research region. NHM assessment concluded proposed project would have serious implications endangered species Uppper Macal, including scarlet macaw, urged other options considered ahead building planned. further stated if project were not abandoned then "Much more information required an informed defensible decision." Displeased with NHM's assessment, AMEC tried bury appendices its 1500-page EIA discred its findings. To date, AMEC other proponents dam have yet identify single credentialed biologist scientist counter views NHM.

The ECP includes requirement studies efficacy building nesting boxes endangered subspecies scarlet macaw whose nest sites would flooded dam. To date such studies have been carried out.

Incomplete Archaeological surveys

The EIA includes preliminary survey found numerous ancient Maya heritage sites would affected dam. EIA states "nothing known about settlement pattern area", sites were found brief survey reservoir area were "undocumented". Dr. Keith Prufer, specialist Precolumbian Maya archeology Auburn University stated "these studies provide only partial fragmentary data on area would affected Chalillo project." He added "I have doubt dam would adversely affect important cultural resources, including structures sites I observed during my vis area, which have not been included EIA." Additional archaeological studies are apparently just now underway.

Need Meaningful Public Participation

The Department Environment approved EIA after ignoring hundreds pages critical comments scientific technical experts before holding public hearing. December 2002, Belize Supreme Court ruled Department had erred ordered Department hold such hearing. However, Court did not overturn Department's decision expressed hope Department might reconsider its decision light hearing.

The Department working cooperation with BECOL rushed ahead with hearing January 2003. Department ignored requests BACONGO hearing structured gather expert testimony address outstanding technical issues outlined above. April, government attempted cut off any further public debate discussion dam with passage Macal River Hydroelectric Act. strong response public media Belize saw Act unconstitutional threat Belize's democracy. government Belize now plans revoke act time Privy Council hearings.

For full details on BACONGO case controversy over Chalillo dam, please see www.stopfortis.org site includes many court documents case, including full affidavits statements experts quoted above number others.